Q&As
Clinical Negligence: Can Damages Be Limited to Estate Assets?
Published on: 10 June 2020
In a clinical negligence claim, can an insurer seek to argue that given the death of the defendant (a GP who was insured at the time) that damages are limited to the assets of the estate?
In general terms a policy of insurance is itself property: it vests in the Personal representatives of the policyholder upon their death (Doe d Pitt v Laming).
Therefore, unless there is some provision in the policy itself concerning the death of the insured, or unless some other condition of the policy has not been complied with, the policy is not void and
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.